AMARESHWAR SAHAY, J. - (1.) THE petitioner, a Steno was initially appointed in Bihar State Construction Corporation, his services were placed under the Waterways Department and thereafter by the order of the Chief Engineer, water Resources Department, Ranchi, the services of the petitioner was absorbed against the vacant post of Steno.
(2.) SUBSEQUENTLY , by an Office Order dated 14.12.1995, issued under the signature of the Executive Engineer, Water Resources Department, the services of the petitioner was returned from Water Resources Department to Bihar State Construction Corporation, Patna. The Petitioner challenged the said order by filing CWJC No. 2054 of 1998 before the Patna High Court, which was allowed vide order dated 30.11.1998 and consequently, the petitioner was directed to continue in the Water Resources Department wherein his service was absorbed. Thereafter, the joining of the petitioner in the Water Resources Department was accepted on 26.02,1999 as it appears from Annexures -3 and then he was posted in the vacant post at Hazaribag vide order dated 14.03.1999 as contained in Annexure -4 to the writ application, issued under the signature of the Chief Engineer, Water Resources Department, Ranchi. In the said Office Order as contained in Annexure -4, it was specifically mentioned that the joining of the petitioner was accepted on 11.12.1998 and, therefore, he will be entitled to the salary from the said date.
(3.) THE case of the petitioner is that though the Chief Engineer vide his letter dated 04.06.1999, had passed an order for payment of arrears of salary of the petitioner from 15.12.1995 to 10.12.1998 but the same was not paid and hence the petitioner filed a contempt application before the Patna High Court being MJC No. 3442 of 1999 but by order dated 21.09.2001 the High Court held that no case for contempt was made out and, accordingly, the contempt application was dismissed but with an observation that if the petitioner is left with any grievance, it will be open to him to institute a proper action before an appropriate forum.;